BILL NUMBER: AB 1463	CHAPTERED  08/13/01

	CHAPTER  192
	FILED WITH SECRETARY OF STATE  AUGUST 13, 2001
	APPROVED BY GOVERNOR  AUGUST 12, 2001
	PASSED THE SENATE  JULY 21, 2001
	PASSED THE ASSEMBLY  MAY 17, 2001
	AMENDED IN ASSEMBLY  APRIL 18, 2001

INTRODUCED BY   Assembly Member Longville

                        FEBRUARY 23, 2001

   An act to amend Section 1268.610 of the Code of Civil Procedure,
relating to litigation expenses.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1463, Longville.  Litigation expenses.
   Existing law requires a court in an eminent domain action to award
the defendant his or her litigation expenses whenever the proceeding
is wholly or partly dismissed or when the final judgment is that the
plaintiff cannot acquire the property sought.
   This bill would specify that where the plaintiff files a notice of
abandonment as to a particular defendant, or a request for dismissal
of a particular defendant, and the court determines that the
defendant did not own or have any interest in the property at the
time the action commenced, the court is required to award that
defendant only those litigation expenses incurred up to the time of
the filing of the notice of abandonment or request for dismissal.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1268.610 of the Code of Civil Procedure is
amended to read:
   1268.610.  (a) Subject to subdivisions (b) and (c), the court
shall award the defendant his or her litigation expenses whenever:
   (1) The proceeding is wholly or partly dismissed for any reason.
   (2) Final judgment in the proceeding is that the plaintiff cannot
acquire property it sought to acquire in the proceeding.
   (b) Where there is a partial dismissal or a final judgment that
the plaintiff cannot acquire a portion of the property originally
sought to be acquired, or a dismissal of one or more plaintiffs
pursuant to Section 1260.020, the court shall award the defendant
only those litigation expenses, or portion thereof, that would not
have been incurred had the property sought to be acquired following
the dismissal or judgment been the property originally sought to be
acquired.
   (c) If the plaintiff files a notice of abandonment as to a
particular defendant, or a request for dismissal of a particular
defendant, and the court determines that the defendant did not own or
have any interest in the property that the plaintiff sought to
acquire in the proceeding, the court shall award that defendant only
those litigation expenses incurred up to the time of filing the
notice of abandonment or request for dismissal.
   (d)  Litigation expenses under this section shall be claimed in
and by a cost bill to be prepared, served, filed, and taxed as in a
civil action.  If the proceeding is dismissed upon motion of the
plaintiff, the cost bill shall be filed within 30 days after notice
of entry of judgment.